Immigration Appeal Division Lawyer in Canada
The Immigration Appeal Division (IAD) of the IRB reviews refused sponsorships, removal orders, and residency obligation cases. Our immigration appeal lawyers help clients across Canada prepare strong, persuasive appeals to overturn unfair decisions.
If you’ve received a refusal or removal order from Canadian immigration authorities, you may have the right to appeal to the Immigration Appeal Division (IAD) — a specialized tribunal within the Immigration and Refugee Board of Canada (IRB).
What is the immigration appeal division?
The Immigration Appeal Division (IAD) is a specialized tribunal within the Immigration and Refugee Board of Canada (IRB) that reviews certain immigration decisions. It hears sponsorship appeals, removal order appeals, and residency obligation appeals from individuals who believe an error was made in their case.
Unlike the Federal Court, the IAD allows full hearings, where witnesses can testify and new evidence can be presented. The Division can also allow an appeal on humanitarian and compassionate (H&C) grounds — even if the applicant does not strictly meet all legal criteria.
What types of cases are heard by the immigration appeal division?
Sponsorship appeals (spouse, partner, child, parent, or grandparent refusals)
Removal order appeals (issued by CBSA or the IRB Immigration Division)
Residency obligation appeals (for permanent residents who have not met the 730-day residency requirement)
Minister’s appeals (where the Minister challenges an allowed appeal)
| Who Can Appeal to the Immigration Appeal Division (IAD) |
|---|
| ✔Canadian citizens or permanent residents whose family sponsorship (spouse, partner, child, parent, or grandparent) was refused. |
| ✔Permanent residents or protected persons who have received a removal order from the IRB or CBSA. |
| ✔Permanent residents who have lost status due to not meeting the 730-day residency obligation. |
| ✔Those seeking to appeal on humanitarian and compassionate (H&C) grounds within IAD jurisdiction. |
| Who Cannot Appeal to the Immigration Appeal Division (IAD) |
|---|
| ✖Individuals found inadmissible to Canada for serious criminality (sentenced to six months or more imprisonment). |
| ✖Individuals involved in organized criminality or criminal organizations. |
| ✖Individuals inadmissible on security grounds or for violations of human or international rights. |
| ✖Individuals refused for misrepresentation, except when the sponsored person is the sponsor’s spouse, common-law partner, or child. |
What happens in an Immigration Appeal (IAD)?
File a Notice of Appeal within 30 days of receiving the refusal or removal order.
Exchange disclosure documents and witness lists with the Minister’s counsel.
The IAD may schedule an Alternative Dispute Resolution (ADR) conference to explore early resolution.
Hearing: a full hearing before an IAD Member where your lawyer presents arguments, evidence, and witnesses.
Decision: the IAD may allow, dismiss, or stay your appeal with specific conditions.
If successful, your refusal or removal order may be overturned or cancelled. If the appeal is dismissed, you may still pursue a judicial review at the Federal Court.
What’s an alternative dispute resolution (ADR) in immigration appeals?
Some appeals before the Immigration Appeal Division (IAD) may be selected for an Alternative Dispute Resolution (ADR) conference.
ADR is an informal meeting designed to resolve certain appeals efficiently — without the need for a full hearing. During this meeting, you, your immigration appeal lawyer, the Minister’s counsel, and an Early Resolution Officer (ERO) discuss the facts of your case, clarify issues, and determine whether a resolution can be reached.
If your appeal is resolved through ADR, no hearing will be required, and you will receive a written decision confirming the outcome. Not all appeals qualify for ADR. The IAD chooses this process only when there is a realistic chance of settlement without proceeding to a formal hearing — often in cases involving clear evidence or where humanitarian and compassionate factors may apply.
What’s an ADR vs. a formal hearing?
1. The IAD’s Role at an ADR Conference
At an ADR conference, the IAD acts as a facilitator, not a decision-maker. The goal is to create an open environment where both parties — the appellant and the Minister’s counsel — can discuss the case and potentially agree on a fair resolution.
2. Level of Formality and Duration
ADR sessions are less formal and typically last about one hour, offering a faster and more collaborative alternative to a full IAD hearing, which can last several hours and follow stricter procedural rules.
This streamlined process can save significant time and emotional stress for appellants while still ensuring that all relevant evidence is considered.
What are the possible outcomes of an ADR conference?
✅ Positive Recommendation
If the Minister’s counsel agrees that your appeal should succeed, an ADR Agreement is drafted. This document summarizes the reasons the appeal should be allowed.
Once both parties approve the agreement, the IAD issues a final written decision in your favour — meaning your appeal is successful without the need for a hearing.
❌ Negative Recommendation
If the Minister’s counsel does not recommend allowing the appeal, you may Withdraw the appeal, if further litigation seems unlikely to succeed; or Proceed to a formal IAD hearing, where evidence and witnesses are presented before a decision-maker.
The Early Resolution Officer (ERO) will provide guidance on your chances at a hearing and explain the next procedural steps if your appeal continues.
Why hire Ayodele Law as your immigration appeal lawyer?
At Ayodele Law, our immigration appeal division lawyers carefully assess whether your case is suitable for Alternative Dispute Resolution (ADR) and prepare persuasive submissions to maximize your chances of success.
Our process includes:
- Reviewing your immigration file and assessing your appeal eligibility.
- Preparing strong written submissions and supporting documentation.
- Representing you during your IAD hearing or ADR conference.
- Making clear legal, factual, and humanitarian arguments to support your case.
Led by Tracy Ayodele, Ayodele Law is a boutique immigration law firm that brings a personalized, analytical, and strategic approach to every immigration appeal. We fight to protect your rights and help you secure fair and lasting results.
Have a question? Contact us below.
Frequently asked questions (FAQ) Immigration Appeals
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The IAD hears appeals on sponsorship refusals, removal orders, and residency obligation determinations.
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You must file a Notice of Appeal within 30 days of receiving your refusal or removal order.
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Yes. The IAD has discretion to allow appeals on H&C grounds, especially where family unity or children’s interests are affected.
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You may still have the right to apply for judicial review at the Federal Court of Canada.